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6 Nov

Managing Conflicts of Interest: A Brief Guide for In-House Counsel

Thursday, November 6, 2025Zev ZlotnickCorporate Law, Business LawManaging Conflicts

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Conflicts of interest can emerge subtly in corporate settings, particularly where in-house counsel operate across multiple departments and roles...

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5 Nov

Retail Property Lending: Managing Risks Amid Changing Retail Landscapes

Wednesday, November 5, 2025Zev ZlotnickReal Estate, Business Law, Corporate LawRetail Property Lending

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Commercial mortgage lending for retail properties in Ontario has become increasingly complex as the retail sector faces transformative market pressures...

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22 Aug

Delfino v. Intercounty Baseball League: the Governance of Non-Profit Sports Organisations and Resulting Intervention by the Courts

Friday, August 22, 2025Clifford S. Goldfarb, Lynne WesterhofCorporate Law, Non-Profit and Charities, Business LawSports, Baseball

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One of the pleasures of a summer evening is sitting on a blanket on the slopes of Christie Pits, with a picnic cooler at hand, and... 

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13 Aug

Corporate Governance: What In-House Counsel in Ontario Need to Know

Wednesday, August 13, 2025Zev ZlotnickBusiness Law, Corporate LawCorporate, Governance, Ontario

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In-house counsels in Ontario serve as critical advisors not just to senior management, but often to boards of directors as well...

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12 Aug

Is a Witness Required for Personal Guarantees or Signatures?

Tuesday, August 12, 2025Zev ZlotnickBusiness Law, Corporate Law, Real EstateCommercial Real Estate, Personal Guarantees, Lending, Witness

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When lending to corporations, commercial mortgage lenders often require personal guarantees from directors, shareholders, or beneficial owners...

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28 May

Multi-Residential Lending: Navigating Tenant Protection Laws and Recent Case Developments

Wednesday, May 28, 2025Zev ZlotnickBusiness Law, Corporate Law, Real EstateCommercial Real Estate, Lending, Multi-Residential Lending, Residential Tenancies Act

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Lending on multi-residential properties in Ontario presents unique challenges that go beyond the physical asset. A critical factor for...

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27 May

Providing Enforceability Opinions

Tuesday, May 27, 2025Zev ZlotnickBusiness Law, Corporate LawReal Estate, Transactions, Insurance

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In Ontario, the question of whether in-house counsel can provide enforceability opinions in the context of loan and purchase transactions is...

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24 Apr

Title Insurance vs Title Opinion

Thursday, April 24, 2025Zev ZlotnickBusiness Law, Corporate Law, Real EstateCommercial Mortgage, Mortgage, Title Insurance

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Commercial mortgage lenders often prefer a lender's title insurance policy over a solicitor's title opinion for several key reasons...

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4 Mar

Super Priority Liens: What Commercial Mortgage Lenders Need to Know

Tuesday, March 4, 2025Zev ZlotnickBusiness Law, Real Estate, Corporate LawCommercial Mortgage, Compliance, Lending, Ontario

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In Ontario, the concept of super priority liens refers to certain types of liens that take precedence over other claims on a property, even rights arising from a...

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29 Jan

Challenging Times for CRA: Taxpayers are fighting capital gains hike

Wednesday, January 29, 2025Ian SpiegelBusiness Law, Corporate Law, Tax and Estate PlanningTax, CRA, Capital Gains

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On April 16, 2024, the Honourable Chrystia Freeland (“Freeland”) – then the Deputy Prime Minister and Minister of Finance – tabled “Budget 2024: Fairness for Every Generation”, which included a proposed increase of the capital gains inclusion rate from one-half to two-thirds for capital gains realized (i) by an individual over $250,000 in a year, and (ii) by a trust or corporation in any amount (the “Capital Gains Increase”)...

 

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8 Jan

Has the Construction Lien Period Expired?

Wednesday, January 8, 2025Zev ZlotnickReal Estate, Corporation, Business LawConstruction Liens, Liens

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For commercial real estate lenders, advancing loan funds safely requires ensuring that no active construction liens can impact the property...

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13 Nov

Why Commercial Real Estate Lenders in Ontario Should Avoid Being Co-Defendants in Construction Lien Matters

Wednesday, November 13, 2024Zev ZlotnickBusiness Law, Corporate LawCommercial Real Estate, Lending, Construction Liens

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In Ontario, commercial real estate lenders need to be cautious of their involvement in borrower construction lien matters, especially when it comes to being named as co-defendants...

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29 Oct

Court reinstates ousted directors of not-for-profit corporation (Lewis v. Niagara Regional Native Centre)

Tuesday, October 29, 2024Isabel Yoo, Lynne WesterhofBusiness Law, Corporate Law, Non-Profit and Charities

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Directors were removed from the board of a not-for-profit corporation by a motion supported by loud “cheers, whoops, and...

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22 Oct

Commercial Real Estate Lenders and Construction Liens

Tuesday, October 22, 2024Zev ZlotnickCorporate Law, Business LawReal Estate, Construction Liens, Lending

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Commercial real estate lenders operating in Ontario must be vigilant about construction liens due to the significant legal and financial implications these
liens can impose...

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18 Sep

Impact of Unsecured Debt on a Mortgage Lender's Security

Wednesday, September 18, 2024Zev ZlotnickBusiness Law, Corporate LawReal Estate, Lending

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In the context of commercial lending, the priority of claims is a critical aspect of risk management. A common concern for commercial mortgage lenders is how a borrower’s unsecured debt, such as debt arising from promissory notes, can impact the lender’s security interest in the mortgaged property...

 

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17 Sep

Proposed Amendments to Trust Reporting Requirements – August 2024 Edition

Tuesday, September 17, 2024Ian SpiegelBusiness Law, Corporate LawIncome Tax Act

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Enhanced trust reporting requirements were enacted for trusts with a taxation year ending after December 30, 2023, and required certain trusts to file a T3 Trust Income Tax and Information Return (“T3 Return”) and Schedule 15 Beneficial Ownership Information of a Trust (“Schedule 15”)...

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29 Aug

Specific Assignment of Lease

Thursday, August 29, 2024Zev ZlotnickBusiness Law, Corporate LawReal Estate

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Commercial real estate mortgage lenders in Ontario require a comprehensive security package to safeguard their investment...

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6 Aug

Attornment and Non-Disturbance Agreements

Tuesday, August 6, 2024Zev ZlotnickBusiness Law, Corporate LawReal Estate, Non-Disturbance Agreement, Lease Agreement, Mortgage, Landlord and Tenant

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Attornment grants authority or jurisdiction to a party even if no legal right exists. It is a legal device that is comparable to an assignment. Attornment may...

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15 Jul

Three Tips for Ontario Not-for-Profit Corporations as ONCA Deadline Approaches

Monday, July 15, 2024Heather Keachie, Lynne WesterhofNon-Profit and Charities, Business Law, Corporate LawNot-for-profit Corporations Act (ONCA)

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The transition deadline to comply with the Not-for-Profit Corporations Act, 2010 (Ontario) (“ONCA”) is quickly approaching. The ONCA came into effect on October 19, 2021, and...

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24 Jun

The Empire Strikes Back: Attorney General of Canada Files Response in Tavares’ Appeal

Monday, June 24, 2024Ian SpiegelBusiness Law, Corporate LawIncome Tax Act

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The captain of the Toronto Maple Leafs (the “Leafs”), John Tavares (“Tavares”), is currently in the process of appealing a Notice of Reassessment that was issued by the Canada Revenue Agency (“CRA”) with respect to his 2018 income. The Notice of Reassessment...

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27 May

Court Finds Not-for-Profit Unfairly Terminated Co-President’s Membership

Monday, May 27, 2024Clifford S. Goldfarb, Lynne WesterhofBusiness Law, Corporate Law, Non-Profit and CharitiesNot-for-profit Corporations Act (ONCA)

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When the Canada Not-for-Profit Corporations Act (“CNCA”) and Not-for-Profit Corporations Act, 2010 (Ontario) (“ONCA”) were...

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14 May

Steps in a Power of Sale

Tuesday, May 14, 2024Zev ZlotnickBusiness Law, Corporate LawMortgage, Power of Sale, Ontario Mortgages Act, Bankruptcy and Insolvency Act

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As a commercial mortgage lender you generally prefer the avoidance of enforcement. However, one must hope for the best and plan for the worst...

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18 Apr

Not-So-Cheap Thrills: The Bare Trust Reporting Rollercoaster

Thursday, April 18, 2024Ian SpiegelBusiness Law, Corporate LawTrusts, Tax & Estate Planning

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In our previous blogs, we discussed the expanded trust filing and reporting requirements for trusts with tax years ending on or after...

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15 Apr

Advice is (Not) Cheap: Tax Advisor Found Negligent for Overlooking GAAR Risks

Monday, April 15, 2024Ian SpiegelBusiness Law, Corporate LawTax & Estate Planning

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Tax advisors play a crucial role in navigating the complexities of the Income Tax Act (Canada) (the “ITA”) and its...

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28 Mar

Update: Bare Trusts No Longer Required To File T3 Returns For 2023

Thursday, March 28, 2024Ian SpiegelBusiness Law, Corporate LawCanada Revenue Agency (CRA), Trusts

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In our previous blog post, we discussed the Canada Revenue Agency’s (the “CRA”) expanded trust filing and reporting....

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13 Mar

Three Things Canadian Charities Need to Know Before Providing Humanitarian Aid

Wednesday, March 13, 2024Lynne WesterhofBusiness Law, Corporate Law, Non-Profit and CharitiesIncome Tax Act, Humanitarian Aid

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In the midst of many global crises, Canadian charities are often involved in providing humanitarian aid...

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27 Feb

Anti-Money Laundering (AML) - What does it mean and why is it important?

Tuesday, February 27, 2024Zev ZlotnickCorporate Law, Business LawReal Estate, Money Laundering, Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), Proceeds of Crime (Money Laundering) and Terrorist Financing Act

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Money laundering is the concealment of the origins of illegally obtained money and disguising them as financial assets, such...

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20 Feb

More or Less Mortgage Terms?

Tuesday, February 20, 2024Zev ZlotnickBusiness Law, Corporate Law, Real EstateMortgage, Commercial Mortgage

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Dye & Durham Standard Charge Terms 200033 are the standard charge terms that are included in...

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16 Feb

Trust Reporting Season is Here: Your Primer on the New Requirements for 2023

Friday, February 16, 2024Ian SpiegelCorporate Law, Business Law, Tax and Estate Planning, Tax LawTrusts, Income Tax Act

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On December 15, 2022, Bill C-32, the Fall Economic Statement Implementation Act, 2022, S.C. 2022, c. 19 (“Bill C-32”), received Royal Assent. Bill C-32 amended the...

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13 Feb

Criminal Rate of Interest

Tuesday, February 13, 2024Zev ZlotnickCorporate Law, Business Law, Real EstateInterest, Interest Rates

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Pursuant to Section 347 of the Criminal Code a criminal rate of interest is defined as an effective annual rate...

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